Compensation for delayed flights Discussion Area

gmar96

Hi Centipede,

Yes if I recall you were the first to reply to me back then in 2010,

Thanks for getting back to me. Yes amazing that I had full confidence in the CAA giving me the right advice. Later being told otherwise by people on here. My reaction to an email from the CAA in late 2010 was unwise. I believed that I had no choice but to wait until the sturgeon judgement, I was told because of the stay on compensation payouts that they couldn't help.
So I left it until the judgement and wrote to Qatar November and December 2012, knocked back of course. Of course I should have took it to court before that time. But...
Went back to the CAA under the delusion that somehow the courts took a dim view of enacting proceedings without trying to settle issue by some other means. Therefore Emailed CAA...Qatar took a full 12 months to reply. Their answer was because missed connection in Doha then EU does not apply. CAA could not take it any further. That was December 2013 Went small claims 5 days later and I have a court case April in NI local court.

I have had the invaluable help of these forums and in particular a respected member of these forums in preparing my case. Well it is my wife and son's case.
Qatar say EC's of course
Then they say my wife cannot bring claim on behalf of another so throw son's out
Another point that they contest on is of course time delay in bringing action... awaiting Dawson appeal.

It took a full 3 1/2 years for it to dawn on me :T that the CAA are completely useless, when I got that email I was at least expecting their opinion as to whether the EC's were valid in their eyes but nada.
They (Qatar) have also thrown in the MCO's we received as a 'goodwill gesture' in 2010 and they should be considered if judge finds in our favour.

I understand that these airlines have a lot to lose, but they do not play nice.

For sure one of the tactics must be to bore claimants into submission

kenny_c

Caz3121 wrote: »

Is that flight not operated by Delta?
If so then EU compensation does not apply as the flight was from outside the EU on a non-EU airline

it was an Air France flight number, ran by delta.


The main query i have is:
In your specific case, the delay was caused by congestion at New York JFK airport, which meant the aircraft could not be assigned a departure gate on schedule, an occurrence that is outside the airline control


is that and extraordinary circumstance?


ive looked at the law and it isn't clear.


Thanks

richardw

The law is clear Kenny c "operating air carrier" is what it says and if the plane was a delta aircraft you have no chance.

Vauban

Centipede100 wrote: »

The law on this is absolutely clear.

As richardw has stated, any claim can only be brought against the operating carrier, in your case Delta.

However, the scope of the Regulation only covers non-EU carriers when they depart from the EU, not when they are flying to the EU as you were.

In fairness, I would also add that - even if Kenny were flying Air France - I don't think he would have a claim. Air traffic control decisions, if they affected your flight directly, would clearly be "extraordinary".

David_e

David_e wrote: »

I suspect you can't but if you use the huge resource that is the FAQs you will find a definitive answer.

Vauban wrote: »

European Small Claims Procedure?

Should have added " ... or ask Vauban".

Vauban

David_e wrote: »

Should have added " ... or ask Vauban".

Sorry, David ...

David_e

Vauban wrote: »

Sorry, David ...

No, my bad answer - I should retire!

Mark2spark

My tuppence worth Kenny, confirms what the others are saying, not Air France, it was Delta, so no claim.
I also think that not being assigned a gate is an airport management decision, rather than ATC, for what it's worth. But if the gate wasn't assigned due to congestion caused by weather, then....

Mark2spark

However, upon re-reading your post, how on earth do you get a 29 hour delay from not being assigned a gate?

mouthscradle

Hi all, looking for a bit of advice on two aspects of a complaint that I'm about to prepare for an airline...

1) We are going to complain about delayed baggage as well, is it fine to add this detail in to the template letter for notifying them of our claim?

2) We missed a connection in Dubai (departed from the UK and were delayed) and then our replacement flight from Dubai was also late departing, so we missed the last sea plane of the day to our resort in our destination (Maldives). Seaplanes can't fly after sunset and so we were forced to pay for a hotel in the capital for the first night of our holiday. Would this be covered as a missed connection and is it something that we can reasonably recoup the cost of? EK staff wouldn't arrange it for us as they said technically, they had got us to the contracted destination.

Thanks